Ash & Gentry v. City of Independence
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) There can be no question that by section 4942, Revised Statutes 1879, which was thelawatthetimethecontract with plaintiffs was made by the defendant, the city of Independence had the power to enter into a contract to grade its streets. Morse v. Westport, 110 Mo. 502; Warren v. Paving Go., 115 Mo. 572-579; Rose v. Trestrail, 62 Mo. App. 352; Westport ex reí. v. Mastín, 62 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) There can be no question that by section 4942, Revised Statutes 1879, which was thelawatthetimethecontract with plaintiffs was made by the defendant, the city of Independence had the power to enter into a contract to grade its streets. Morse v. Westport, 110 Mo. 502; Warren v. Paving Go., 115 Mo. 572-579; Rose v. Trestrail, 62 Mo. App. 352; Westport ex reí. v. Mastín, 62 Mo. App. 647. (2) There can be no question that the contract was for doing the work required by ordinance number 189, and was valid as to its subject…
1Opinion of the CourtGill, J.
Plaintiffs sued for damages growing out of a contract they had with defendant city for grading a certain street. The matter of complaint was that through the fault of the city plaintiffs were not allowed to complete the work contracted for, and that by reason thereof they were damaged.
statement. In August; 1887, Independence (then a city of the fourth class) entered into a contract with plaintiffs by which the latter were to grade a street between certain points provided for in an ordinance theretofore adopted. Plaintiffs entered upon the work, and after a considerable portion thereof had…
2Cases cited3 opinions
- City of Independence v. GatesSupreme Court of Missouri · 1892
- Oster v. City of JeffersonMissouri Court of Appeals · 1894
- Murray v. Kansas CityMissouri Court of Appeals · 1891
3Cited by5 opinions
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Likes v. City of RollaMissouri Court of Appeals · 1915
- Jones v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1913
- Ash v. City of IndependenceMissouri Court of Appeals · 1903